Cannon v. Putnam, 76 N.Y.2d 644 (1990)
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The homeowner exemption in Labor Law §§ 240(1) and 241 applies when the site and purpose of the work are directly related to the residential use of a one- or two-family dwelling, even if the property also has commercial uses, provided the homeowner does not direct or control the work.
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Summary
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This case clarifies the scope of the homeowner exemption within Labor Law §§ 240(1) and 241. Plaintiff Robert Cannon was injured while installing a floodlight on defendant Albert Putnam’s property, which contained both residential and commercial structures. The Court of Appeals held that the homeowner exemption applied because the floodlight installation was solely related to Putnam’s residential use of the property, despite the presence of commercial activity elsewhere on the land. The Court emphasized that the site and purpose of the work dictate whether the exemption applies, promoting fairness and aligning with legislative intent.
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Facts
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Albert Putnam owned a 33-acre property with his residence, two barns, and other structures. One barn was leased to Putnam’s business, B & B Supermarkets, Inc., for storage. Putnam hired David Harrington to install a floodlight to illuminate his front yard and ponds. Harrington hired plaintiff Robert Cannon to assist. While threading electrical cable through the light standard, it fell on Cannon, causing injuries. Putnam was not present during the accident and was in Florida at the time.
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Procedural History
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Cannon sued Putnam, alleging negligence and violations of Labor Law §§ 200, 240(1), and 241. Putnam moved for summary judgment, claiming the homeowner exemption. The Supreme Court held an evidentiary hearing and found the exemption applicable, dismissing the §§ 240(1) and 241 claims. The Appellate Division affirmed. The Supreme Court then dismissed the remaining claims based on a stipulation. The Court of Appeals granted leave to appeal, bringing up the prior Appellate Division order for review.
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Issue(s)
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- Whether the homeowner exemption in Labor Law §§ 240(1) and 241 applies when the property has both residential and commercial uses.
- Whether Putnam’s participation in preliminary work constituted
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